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---------- Forwarded message ----------
Date: Sun, 18 Nov 2001 07:15:54 EST
From: [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: SNET: BUSH & The Bill Of Rights...Helen Thomas

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By HELEN THOMAS

The Bush administration is using the national trauma and state of emergency
resulting from the Sept. 11 terrorist attacks to trample the Bill of Rights.
Operating on fears and apparently sensing that the American people may be
willing to forego many of their civil liberties in the name of national
security, Attorney General John Ashcroft, in particular, is riding roughshod
over individual rights. Let's hope the people are not willing to set aside
key protections of the Constitution in the current crisis. Once taken away,
those basic rights may be hard, if not impossible, to restore. To win
confirmation for his Cabinet post, the right-wing Ashcroft overcame strong
opposition to his controversial appointment by promising to carry out the law
of the land even if he disagreed with it. And he has certainly done that on
the issue of legal abortion rights. But he is now using the war in
Afghanistan and on the home front to push his own ideology. An egregious
example is his approval of a rule that permits the Justice Department to
eavesdrop on the confidential conversations between lawyers and some clients
in federal custody. These clients include suspects who have been detained but
not charged with a crime whenever the government says such steps are
necessary to prevent acts of terrorism. Ashcroft rammed the rule through late
last month as an emergency measure without allowing the usual waiting period
for public comment. The regulation permits the government to monitor
conversations and intercept mail between the suspects and their lawyers for
up to a year. The Justice Department now says the attorney general must be
able to certify that "reasonable suspicion" exists to believe that a
particular detainee or federal prison inmate is using contacts with a lawyer
to "facilitate acts of terrorism." In the amended version the department
stressed, as a "safeguard," that the attorney and client would be notified if
they are being monitored and that information protected by the
attorney-client privilege may not be used by the prosecution without a
judge's permission. But there would be no protection for communications
related to ongoing or contemplated illegal acts. The fact that Ashcroft
buckled somewhat shows that having a vigilant public can pay off. But he
still refuses to release the names or numbers of people detained for
questioning about terrorism. The new anti-terrorism law that Congress passed
last month has given him a much freer hand to deal with such matters -- and
to curb basic rights. The law permits the government to detain or deport
suspects, eavesdrop on Internet communications, monitor financial
transactions and obtain electronic records on individuals. Middle Easterners,
especially students, are special targets -- one more example of racial
profiling, which apparently is in style again. In another action, Ashcroft
moved to inhibit press freedom, a First Amendment right, by encouraging
federal agencies to use the pretense of national security to hide public
records that the press is ordinarily entitled to receive under the Freedom of
Information Act. The law was passed during the Cold War to encourage an open
government. Last month Ashcroft issued a memo to federal agencies telling
officials that if they decide to deny requests for information filed under
the FOIA, they "can rest assured that the Department of Justice will defend
your decisions ... ." Such a retreat into secrecy, while an outrageous
violation of the principles of openness followed by previous administrations,
is just what you can expect from this one. On Tuesday night, after declaring
an "extraordinary emergency," President Bush announced he had issued a
directive claiming the power to order military trials for suspected
international terrorists and their collaborators. That directive, which
applies to non-U.S. citizens arrested here or abroad, allows him to take the
highly unusual step of bypassing the nation's criminal justice system with
its rules of evidence and constitutional guarantees. I think that would be a
mistake. Even before the horrific terrorist bombings of the World Trade
Center and the Pentagon, Ashcroft had edged around the U.S. Constitution by
holding prayer meetings every morning in his Justice Department office. With
the clear approval of President Bush, Ashcroft is moving aggressively against
civil liberties in the hunt for terrorists. But in his headlong rush to
ignore the Constitution, he should remember the words of Benjamin Franklin:
"If we give up our essential rights for some security, we are in danger of
losing both." Thomas is a Washington, D.C.-based columnist for the Hearst
Newspapers. (<A HREF="mailot:[EMAIL PROTECTED]">mailot:[EMAIL PROTECTED]</A>)



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